Courts across the country continue to weigh in on the issue of website accessibility. Last week, the U.S. District Court for the District of New Hampshire denied a motion to dismiss filed by online food delivery servicer Blue...more

A federal court in Florida issued a potentially groundbreaking decision earlier this week that could open the floodgates when it comes to a new trend in litigation filed under Title III of the Americans with Disabilities Act...more

Our retail and hospitality clients often ask whether the Americans with Disabilities Act (“ADA”) requires their websites to be accessible for individuals with disabilities. Unfortunately, as we have previously explained,...more

NLRB Affirms New Standard on Employee Email Use -
Why it matters -
A divided National Labor Relations Board (NLRB) affirmed that if an employer provides employees with access to the email system, then employee use of email...more

In Stevens v. Rite Aid Corp., No. 15-277 (March 21, 2017), the U.S. Court of Appeals for the Second Circuit reversed a jury award of almost $2 million in favor of a pharmacist who suffered from a fear of needles because he...more

Last week, sexual harassment and sex discrimination received significant media attention. The Washington Post revealed statements made by 250 current and former employees of Sterling Jewelers, parent company to Kay Jewelers...more

The Southern District of Florida recently held that to establish a prima facie case under the Florida Private Whistleblower Act (FWA), § 448.102(3), Fla. Stat., a plaintiff must show an actual violation of a law, rule or...more

Seyfarth Synopsis: With the recent proliferation of web accessibility demand letters and lawsuits, businesses often ask whether settling a claim with one plaintiff will bar future lawsuits brought by different plaintiffs. One...more

Seyfarth Synopsis: The number of federal ADA Title III lawsuits continue to surge, fueled by new plaintiffs, new plaintiffs’ lawyers, and website accessibility claims.
Our 2016 lawsuit count is complete, and the results...more

Seyfarth Synopsis: Fighting a web accessibility lawsuit could invite DOJ’s intervention, as did a Florida retailer’s recent Motion for Judgment on the Pleadings.
Fighting a website accessibility lawsuit is very tempting...more

This past summer, we wrote about two instances in which courts refused to enforce website terms presented in browsewrap agreements. As we noted, clickthrough agreements are generally more likely to be found to be enforced. ...more

Seyfarth Synopsis: The number of federal lawsuits alleging inaccessible websites continues to increase, along with the number of law firms filing them. Businesses need advice now on how to manage risk in this chaotic...more

Wearable device data may be the next big thing in the world of evidence for employment cases since social media. Given that it has already been used in personal injury and criminal cases, it is only a matter of time before...more

Last week, it was reported that 10,000 Chipotle workers have joined the class action against the Tex Mex chain for unpaid wages, claiming Chipotle routinely made them work off the clock. That’s roughly one in five Chipotle...more

On June 29, a three-judge panel of the U.S. Court of Appeals for the D.C. Circuit heard the National Federation of the Blind’s (NFB) challenge to a Department of Transportation (DOT) Final Rule regarding air carriers’ duty to...more

Your website consists of visible text and graphics, geared to the sighted reader. Its terms and conditions include legal disclaimers and limitations of liability, which, it explains, apply unless they are specifically...more

In a significant decision for all businesses that maintain an online presence, a California court recently ruled that a luggage retailer violated the Americans with Disabilities Act (“ADA”) and California state law by failing...more

A recent decision out of a California superior court (Davis v. BMI/BND Travelware) ruled that a website operator was liable to a visually-impaired plaintiff for operating a website that was not accessible under the Americans...more

Last week, the EEOC announced that it is expanding its use of its electronic charge status system to allow the public “information online and on demand.” The system allows charging parties to check the status of their...more

In IPR2014-00614, Microsoft filed a petition for IPR against US Patent No. 7,418,504 (“the ‘504 patent) owned by VirnetX, which was instituted based upon anticipation grounds over Kiuchi (see institution decision). This IPR...more

The death of Justice Antonin Scalia dominated the news over the long weekend. Whether you agreed with him or not, Justice Scalia’s impact on employment law was significant. From his scathing dissent in UPS v. Young to his...more

The Fourth Circuit recently held that a relator is prohibited from pursuing a False Claims Act (FCA) claim based on facts learned by relator’s counsel in a previous FCA suit. In United States ex rel. May v. Purdue Pharma...more

Today, it is nearly unthinkable to run a successful business without a website. While companies focus on the appearance, functionality and usability of their sites, they often inadvertently overlook how well the website...more

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